Terms & Conditions
TERMS OF USE FOR YOURHEALTHCOAHBIZ.COM MATERIALS:
FOR INDIVIDUALS
[YES] Can be edited completely and your name put on it.[YES] Can be used as web content.
[YES] Can be broken down into smaller articles.
[YES] Can be added to an eCourse or autoresponder as content.
[YES] Can be added to an eBook/PDF as content.
[YES] Can be given away.
[YES] Can be packaged.
[YES] Can be offered as a bonus.
[YES] Can be added to free membership sites.
[YES] Can be added to paid membership sites
[YES] Claim full authorship.
[YES] Added to paid membership sites.
[YES] Added to free membership sites.
[YES] Can be broken down into articles.
[YES] Can be packaged with other products.
[YES] Offered as free bonus.
[YES] Given away for free.
CANNOT BE SOLD BUSINESS TO BUSINESS PER THE TERMS AND CONDITIONS AT WWW.YOURHEALTHCOACHBIZ.com
Any affiliate who sells business to business and repackages, or resells is violating the terms of the agreement and legal action will be taken.
Unfortunately, we live in a litigious society where people sue each other, blame each other and transfer responsibility to others, and as such, it is necessary to set forth the following Disclaimer for use of this Rachel’s Wellness website. All representations set forth herein apply to Rachel’s Wellness, Rachel Feldman, and all other employees, agents, and representatives of Rachel’s Wellness (hereinafter, individually and collectively referred to “we”, “us”, and “our”).
By entering this website and/or purchasing and/or using our blog, e-mails, programs, services, and/or products, you are agreeing to accept all parts of this disclaimer. Thus, if you do not agree to the disclaimer below, STOP now, as I kindly request that you do not use our website, blog, e-mails, programs, services, or products.
For Educational and Informational Purposes Only. The information contained in our website, blog, guest blogs, e-mails, programs, services and/or products is for educational and informational purposes only, and is made available to you as self-help tools for your own use. While we draw on our prior professional expertise and background in business and other areas, you acknowledge that I am supporting you in my role exclusively as a health coach. My team and I provide information concerning, but not limited to, the maximizing of human health and optimizing wellness.
Not Medical Advice. The information contained in this website or provided through our blog, e-mails, programs, services or products is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your physician, therapist, licensed dietitian or nutritionist, or any other health care professional. We are not medical health practitioners or mental health providers and we are not in any capacity holding ourselves out to be such. We are not providing health care, medical or nutrition therapy services, or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body. Rather, we serve as coaches, mentors and guides who help you reach your own health and wellness goals through implementing incremental, positive, healthy, sustainable lifestyle changes that help you live and thrive using simple methods.
Consult Your Physician or Health Care Provider. Our intent is NOT to replace any relationship that exists, or should exist, between you and a medical doctor or other health care professional. Always seek the advice of your physician or another qualified health care professional regarding any questions or concerns you have about your specific health situation, possible or actual pregnancy, known or suspected food sensitivities or allergies, dietary restrictions, or any medications you are currently taking. We advise you to speak with your own physician before implementing any suggestions from our website, blog, e-mails, programs, services and/or products, including but not limited to before taking any medication or nutritional, herbal, ayurvedic or homeopathic supplement; engaging in an elimination diet, detox or cleanse; performing deep breathing exercises; or participating in any other aspect of a food, diet, exercise or lifestyle program. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this website or received from us. Do not stop taking any medications without speaking to your physician or health care professional. If you have or suspect that you have a medical problem, contact your health care provider promptly.
Not Evaluated by the FDA. The information contained on this website or provided through our blog, e-mails, programs, services, and/or products has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease, or to be considered medical or psychological advice.
Personal Responsibility. We aim to accurately represent the information provided on our website, blog, e-mails, programs, services, and products. You are acknowledging that you are participating voluntarily in using our website or blog or in any of our e-mails, programs, services, and/or products, and you alone are solely and personally responsible for the results. You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (where applicable), and for all decisions made by you now or in the future.
No Guarantees. Our role is to support and assist you in reaching your goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot and do not guarantee that you will attain a particular result, and you understand that results differ by each individual. As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.
Client Stories. We present real world experiences, examples, testimonials, photos, and insights about other people’s experiences for purposes of illustration only. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our programs, services, and/or products. Each of these unique stories, and any and all results reported in these stories by our clients, are the culmination of numerous variables, some of which we cannot control.
Assumption of Risk. There are sometimes unknown individual risks and circumstances that can arise during use of our programs, services and/or products that can influence or reduce results. We are not responsible for your personal actions or choices before, during or after any of our programs, services and/or products. You understand that any use of any product, recipe, suggestion, or recommendation is at your own risk, with no liability on our part. You accept full responsibility for your use, or non-use, of any information provided by us through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve us of any liability or loss that you, or your family or children (if applicable) or any other person, may incur from your or their use or non-use of the information provided. If you have any concerns, please consult a physician.
We do not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any company, organization, or person engaged in rendering services or carrying out arrangements, tours, or educational sessions in any location, including but not limited to, any health food store, grocery store, yoga, martial arts or fitness studio, cooking class, private home, restaurant, company/business, or outdoor setting. If you use the information provided through our website, blog, e-mails, programs, services, and/or products, we assume no responsibility.
Although every effort is made to ensure the accuracy of published information on or through our website, blog, e-mails, programs, services and products, the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced in our website, blog, e-mails, programs, services, and products. While every effort has been made to present you with the most accurate, up-to-date information, we are not responsible for the accuracy of our content.
Release of Claims. We are not responsible in any way for the information that you request or receive through or on our website, blog, e-mails, programs, services and/or products. In no event will we be liable to any party for any loss or damages, including but not limited to direct, indirect, special, incidental, equitable or consequential damages, lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information or any other loss, malady, disease or difficulty arising out of the use of or reliance on this website or blog, e-mails, programs, services, and/or products, even if we are expressly advised of the possibility of such damages or difficulties.
No Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, SERVICES, AND PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EQUITABLE, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES.
External Links. Reference or links in this website, blog, e-mails, programs, services or products to any other business or entity’s information, opinions, advice, programs, services, or products do not constitute our endorsement or recommendation. We are not responsible for the contents of any web pages, companies or persons linked or referenced in this site.
By using our website, blog, e-mails, or any of our programs, services, and/or products, you implicitly signify your agreement to all parts of the above disclaimer.
Refunds: Due to the digital nature of my products, all Rachel’s Wellness digital/downloadable products are non-refundable. If you have any questions about Rachel’s Wellness products, please email rachel@rachelswellness.com before purchasing the product.
User’s continued reading and use of this website indicates User’s acceptance of these Terms and Conditions.
IF YOU DO NOT AGREE TO THE PREVIOUS TERMS AND CONDITIONS, PLEASE KINDLY EXIT
www.rachelswellness.com
or yourhealthcoachbiz.com
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RACHEL’S WELLNESS TERMS AND CONDITIONS for PRODUCTS – DONE-FOR-YOU DETOX DOWNLOADABLE PROGRAMS (the “Program”) |
By accessing, downloading, or otherwise using this Program and/or the website, programs, services, or products of Rachel’s Wellness in any way or for any reason (“Use”), you implicitly agree to our full Disclaimer, these Terms and Conditions, and the Privacy Policy, all as set forth below.
Terms and Conditions
Program Use and Consent
This Program is owned and operated by Rachel Feldman and Rachel’s Wellness (“Company”, “we”, or “us”). This Program has been developed or obtained by us through the investment of significant time, effort and expense, and this information is a valuable, special and unique asset of ours, which needs to be protected from improper and unauthorized use.
Use constitutes your agreement to be bound by these Terms and Conditions, whether or not you have read them. We reserve the right to change these Terms and Conditions from time to time and your continuing use will constitute your agreement to be bound by any and all such changes. If at any time you do not agree with these Terms, please do not use the Program.
We try to ensure that Program availability is uninterrupted and that our website, private Facebook group page, e-mail communications, and Program teleclasses and recordings will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services.
Although every effort is made to ensure the accuracy of published information on or through this Program, the Program may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced in the Program, or in any of our programs, services, courses, classes, or materials. Information may be changed or updated without notice. We assume no responsibility for errors or omissions in the Program or in documents referenced by, or linked to, the Program.
This Program is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of, or access to the Program or website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms and Conditions. By accessing or using this Program or our website, you represent and warrant that you are 13 years or older and that you agree to and to abide by all of our Terms and Conditions.
Our Limited License to You. This Program and all the materials available through it are the property of the Company and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The content, layout, design, data, databases and graphics in this Program are protected by United States intellectual property laws. Content is solely owned by us, unless otherwise indicated.
If you purchase or access any materials through this Program, you will be considered our Licensee, with a revocable, non-transferable license for limited commercial use only, limited to you only, to be used only in accordance with the Disclaimer, the Terms and Conditions, and the Privacy Policy.
When you purchase a Program, you are purchasing the limited right to use select Program material in the form that is provided by the Company and its team. You are permitted to:
- Apply your own logo and branded look to the Program materials and offer the materials for sale to your clients through your own business; and
- Add your own original content, edit, and/or change the Program materials to reflect your brand; and
- Use the Program materials in an e-book format which you give your clients access to either as a downloadable .pdf or through your personal business website.
You MAY NOT share any Program materials with other health coaches, wellness professionals, team members and/or colleagues of any kind. This specifically includes, but is not limited to, any business community members that you are affiliated with such as doTERRA, Beachbody, USANA, and the like. In the event you share the purchased Program, including any and all related materials, with a business affiliate, or similar non- client professional, you will be in violation of these Terms and Conditions.
In the event you have a colleague or team member that is interested in utilizing the Programs from this Company for their own business use, please contact Rachel’s Wellness regarding our Affiliate Program. This program will allow you to earn $25 for each detox program at Rachel’s Wellness and Wellness Business Solutions in a Box that is purchased by one of your referrals. Details are available upon request.
You may only use the information that is expressly provided to you by the Company through the Program that you purchase.
You are prohibited from copying, editing or using any information produced by the Company describing, promoting or marketing any of its Programs contained on any sales page, website page, e-mail, video, or any other correspondence belonging to the Company, including any posted on detox.rachelswellness.com and rachelswellness.com.
You are prohibited from using, copying, modifying or otherwise misappropriating any photos, collages, banners, text, descriptions and/or any other information owned and developed by the Company and available to you through any sales page, website page, e-mail, video, or any other correspondence you may receive, or otherwise.
If you are in doubt about what you can and cannot use, please contact info@detox.rachelswellness.com.
The trademarks and logos, which are displayed on the Program materials, are trademarks belonging to us. If you purchase a program, then you may change the logos or program materials, however any use of Rachel’s Wellness personal website trademarks and names of programs including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written permission.
For any and all trademarks and logos that you are granted permission to use within a program, the trademark insignia must be included at all times. Any preview call titles, program titles, program material titles, or any other title or information of ours bearing the trademark (™) symbol may not be used by you for any reason without our express written permission.
Information You Are Prohibited from Sharing with Others.
You are forbidden from doing the following:
(1) You may not duplicate, share, or sell any information obtained in or through our Program with other health coaches or holistic practitioners for their personal, commercial or business use, whether or not it was known to you at the time that their intention was to use the Program in their own health coaching business who have not bought the program and are not listed as purchasers of the program.
Unless otherwise explicitly authorized in these Terms and Conditions, you may not, for commercial use or in a way that earns money, modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material purchased through this Program, private Facebook group page, audio or video recording, or teleseminar call to any other health coach or holistic practitioner. Any health coach or holistic practitioner who intends to use the Program for their own commercial use in their business is required to become an affiliate of Rachel’s Wellness. If you obtain or receive knowledge that another health coach intends or uses the Program information for commercial use or in their business, you agree to report them to Rachel’s Wellness immediately. Failing to report them is a violation of the limited license you have been granted herein.
You need to contact Rachel’s Wellness before you create a affiliate program for your program, otherwise you are in violation of the terms and conditions and will be notified by a lawyer immediately.
(2) You may not use any Done For You Program materials in any way, including but not limited to, publishing a book through a publishing company or self publishing, and/or online through kindle, amazon.com, nook, etc., regardless of whether you add your own unique material to it.
You are allowed to use the Done For You Programs and create eBooks online for your business needs but in no way can you publish these materials in the manners set forth above.
Downloading, printing, or otherwise using the material from this Program does not give you any copyright or ownership rights of that material contained in the Program.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Program, website, or private Facebook group page, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older.
In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant includes the right to exploit any proprietary rights in such posting of submission, including, but not limited to, right under copyright, trademark, service mark or patent laws in any relevant jurisdiction. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Obtaining Permission To Use Our Intellectual Property
Any request for permission to use our content, images, or other information obtained from or through the Program, or any other intellectual property, should be made using the “Contact Us” form on the website of Rachel’s Wellness, or by sending an e-mail to team@rachelafeldman.com
Under no circumstance can you use the images of the Company, including but not limited to those at www.yourhealthcoachbiz.com or www.rachelafeldman.com , or copy the names of her personal programs. You can ONLY use the materials provided to you in your program.
Security
We cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss or, misuse, to you or to any third party
Disclaimer
As a Licensee, you agree that you are using your own judgment in using the information provided on and through this Program, which is done at your own risk. You also agree to our full Disclaimer.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND BY US AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM MATERIALS OR WITH REGARD TO THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless Company, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, employees, and agents of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth in this Disclaimer, in the Terms and Conditions, or in the Privacy Policy.
We accept no liability for any of the views, facts, opinions, or references in the Program whatsoever. You assume responsibility for using, or not using, any of the information in this Program, and you acknowledge that you are using it, or not using it, at your own risk. Information posted on this Site related to this Program or otherwise, or linked to a third party website, expresses a perspective which may or may not necessarily reflect our views.
The content obtained on or through the Program is designed for non-medically trained individuals. The information provided to you is not diagnosing or treating a health problem or disease, or prescribing medication or other treatment. We are not a doctor, medical health practitioner, psychologist, therapist, licensed nutritionist or dietitian or other licensed or registered health professional and we make no claims in this regard. Nothing contained in the Program or on our website is intended to be a substitute for the medical diagnosis or treatment that can be provided by your physician or another qualified health care professional. You always should seek the advice of your physician or another qualified health care provider regarding any specific medical condition.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS OR THIRD-PARTY MATERIALS MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THESE PROGRAM MATERIALS, WHETHER PURCHASED DIRECTLY FROM US OR THROUGH YOU. IF YOU OR YOUR CLIENTS ARE DISSATISFIED WITH THE PROGRAM OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM AND THE WEBSITE.
INFORMATION PROVIDED THROUGH THE PROGRAM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE FUTURE INCOME, EXPENSES, SALES VOLUME OR POTENTIAL PROFITABILITY THAT MAY BE DERIVED AS A RESULT OF YOUR PARTICIPATION IN THIS PROGRAM. You acknowledge and agree that no representation has been made by the Company or our affiliates, and relied upon, as to the future income, expenses, sales volume or potential profitability that may be derived from participation in our programs or services.
To the fullest extent permitted by law, we expressly exclude:
a. All conditions, warranties and other terms, which might otherwise be implied by statute or common law;
b. Any obligation of effectiveness or accuracy; and
c. Other than as set out below, any liability for any direct, indirect or consequential loss or damage incurred by you in connection with this Program, including by your use or inability to use any information obtained on or through the Program, any websites linked to the Program, and any material posted on the Site, private Facebook group page, or in any other way through the Program by us or by others, including without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however caused, even if foreseeable.
Your Conduct
You must not use our Site or private Facebook group page in any way that causes or is likely to cause the Site or private Facebook group page or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us.
You must use the Program, Site, and private Facebook group page for lawful purposes only. You must not use the Program, Site, and private Facebook group page for any of the following:
- For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam
- To cause annoyance, inconvenience or needless anxiety
- To impersonate any third party or otherwise mislead as to the origin of your content
- To reproduce, duplicate, copy or resell any of our content in contravention with these Terms and Conditions or any other agreement with us.
Online Commerce
When you purchase this Program, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and us. We agree not to share it with anyone else. Transactions within the Company are made through Paypal and square. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for their policies.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to purchase and use the Program for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.
You release us and our affiliates from any damages that you incur, and agree not to assert any claims against them, or us arising from your purchase or use of this Program.
You agree to only purchase this Program for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Refund Policy
Our commitment is to offer you up to date educational information connected to detoxification, so that you can be better informed about how to support your own health and the health of your clients. Additionally, we are committed to helping you leverage what you’ve learned by integrating it into your coaching practice.
Due to the nature of a downloadable product, we do not issue refunds at any time for any reason.
Termination
We reserve the right in our sole discretion to refuse or terminate your access to the website or any part of the website at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the website, and the disclaimers and limitations of liabilities set forth in the Disclosure, the Terms and Conditions, and the Privacy Policy shall survive.
If you have any questions, please contact us at team@rachelafeldman.com
Privacy Policy
Privacy Policy Consent
Use of the data that you provide to us, or which is collected by us on or through our Program is governed by this Privacy Policy. By using our Program, you consent to this policy.
Submission, Storage and Sharing of Personal Data
We may seek personal data including your name, e-mail address, and other contact information when you purchase the Program or otherwise. By you providing such information to us, you grant us permission to use and store such information.
We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to conform to the edicts of the law or comply with legal process served on us, our partners, sponsors, investors, or affiliates; protect and defend our rights or property or those of our users; or to act as immediately necessary in order to protect the personal safety of our users or the public.
Whenever you voluntarily make your personal information available for viewing by third parties online, such as on our website or the private Facebook group page, the information you share also can be seen, collected and used by third parties. We are not responsible for any unauthorized third party use of such information.
Passwords
To use certain features of the Program, you may need a username and password, which you will receive through the Program registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.
You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Program, website and the private Facebook group.
It is your responsibility to protect your password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, you do so at your own risk.
By using our Program, you agree to enter true and accurate information as part of the Program registration or otherwise. If you enter a bogus email address, we have the right to immediately inactivate your account.
We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury or interfering with our rights or property.
If you have any questions, please contact us at info@detox.rachelswellness.com.
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Affiliate Link Disclaimer
All affiliate links contained within this Rachel’s Wellness website are based on personal experience and regard for the services provided. Rachel’s Wellness only shares resources and services that Rachel’s Wellness has personal experience with and can recommend without reservation. If you have any questions on these providers and my experience with them, feel free to ask.
- Rachel’s Wellness makes recommendations on this website, which includes links to helpful resources for which we may receive a commission for each sale.
- These recommendations are based, first and foremost, on their merit. Rachel’s Wellness makes them either because of their value, helpfulness and quality or based on our direct or indirect knowledge of the author’s reputation, track record and level of expertise. No advertiser will ever influence the content on this website.
- Some links do not have any affiliation or compensation whatsoever but are added based on merit.
- All testimonials and case studies are collected from people who have had personal experience with Rachel’s Wellness’s products or services, and they have each submitted their kind words willingly and without direct financial payment or compensation.
RACHEL’S WELLNESS TERMS AND CONDITIONS for MEMBERSHIP MEAL PLAN CLUB (the “Program”) |
By subscribing, purchasing, accessing, downloading, or otherwise using the Rachel’s Wellness Membership Meal Club Program (“The Program”) and/or the website, programs, services, or products of Rachel’s Wellness in any way or for any reason (“Use”), you implicitly agree to our full Disclaimer, Privacy Policy, and these Terms and Conditions as set forth below.
Program Use and Consent
This Program is owned and operated by Rachel Feldman and Rachel’s Wellness DBA RACHEL A. FELDMAN at www.yourhealthcoachbiz.com (“Company”, “we”, or “us”). This Program has been developed or obtained by us through the investment of significant time, effort and expense, and this information is a valuable, special and unique asset of ours, which needs to be protected from improper and unauthorized use.
Use constitutes your agreement to be bound by these Terms and Conditions, whether or not you have read them. We reserve the right to change these Terms and Conditions from time to time and your continued use will constitute your agreement to be bound by any and all such changes. If at any time you do not agree with these Terms, please do not use the Program.
We try to ensure that Program availability is uninterrupted and that our website, private Facebook group page, e-mail communications, and Program teleclasses and recordings will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services.
Although every effort is made to ensure the accuracy of published information on or through this Program, the Program may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced in the Program, or in any of our programs, services, courses, classes, or materials. Information may be changed or updated without notice. We assume no responsibility for errors or omissions in the Program or in documents referenced by, or linked to, the Program.
This Program is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Program or website by anyone under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions. By accessing or using this Program or our website, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of our Terms and Conditions.
The Program
The program primarily consists of done for you meal plans for health and wellness coaches to use with their clients. For details on program specifics not mentioned in these terms, refer to the information about the Program posted on the Website.
New Program materials will be delivered the 1st of every month starting January 1st 2018. Membership into the program can be purchased on a quarterly or yearly basis.
If purchasing on a quarterly basis, you will get access to the current quarter only. Quarter’s are three month periods, so even if you purchase quarterly access near the end of a particular three month period, you will only get access to Program Materials for that three month period.
At the time of your purchase, the payment terms will be made clear to you via a receipt from our e-commerce. Please note the renewal will automatically renew unless you cancel. An email will be sent to you 2 weeks before the renewal, hence if you do not reply to the email with a cancellation, you will be held responsible for the payment. If so, when signing up for such recurring payments you acknowledge that your payment method will be charged at regular intervals until the time you choose to cancel your membership. We do not refund payments if your response is past the deadline for renewal.
If you choose to cancel your membership in the Program, you will be removed from the public forum immediately but you will continue to have lifetime access to the program materials for the quarter or the year you purchased.
Online Commerce
By placing an order through https://yourhealthcoachbiz.com or https://rachelfeldman.com (collectively the “Website”) you are offering to purchase a product on and subject to these Terms and Conditions. In order to contract with the Company through the Website you must be over 18 years of age and possess either an account with Paypal or a valid credit or debit card issued by a bank acceptable to square. The Company retains the right to refuse any request made by you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the Paypal account or credit or debit card used to place your order and that there are sufficient funds to cover the cost of the product(s).
All prices advertised are subject to such changes. Prior to placing any order you will be asked to accept these terms and conditions. A contract between us will be formed after you have clicked the appropriate box to indicate your acceptance of the terms and conditions and tendered your payment. While we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Otherwise, ONCE THE PRODUCT YOU HAVE PURCHASED HAS BEEN DELIVERED TO YOU, NO REFUNDS WILL BE MADE AVAILABLE. Upon receiving your order, we carry out a standard authorization check to ensure your payment method is valid and your payment will be processed. Once we are certain of your payment being processed your order will be fulfilled.
When you purchase this Program, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and us. We agree not to share it with anyone else. Transactions within the Company are made through Paypal and square. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for their policies.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to purchase and use the Program for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.
You release us and our affiliates from any damages that you incur, and agree not to assert any claims against them, or us arising from your purchase or use of this Program.
You agree to only purchase this Program for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Refund Policy
Due to the nature of downloadable products, we do not issue refunds at any time for any reason. This is not negotiable and by making your purchase and accepting these terms, you agree to this policy.
Our Limited License to You
This Program and all the materials available through it are the property of the Company and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The content, layout, design, data, databases and graphics in this Program are protected by United States intellectual property laws. Content is solely owned by us, unless otherwise indicated.
If you purchase or access any materials through this Program, you will be considered our Licensee, with a revocable, non-transferable license for limited commercial use only, limited to you only, to be used only in accordance with the Disclaimer, the Terms and Conditions, and the Privacy Policy.
When you purchase access to the Program, you are purchasing the limited right to use select Program material in the form that is provided by us and our team. You are permitted to:
- Apply your own logo and branded look to the Program materials and offer the materials for sale to your clients through your own business; and
- Add your own original content, edit, and/or change the Program materials to reflect your brand; and
- Use the Program materials in an e-book format which you give your clients access to either as a downloadable .pdf or through your personal business website.
You MAY NOT share any Program materials with other health coaches, wellness professionals, team members and/or colleagues of any kind. This specifically includes, but is not limited to, any business community members that you are affiliated with such as doTERRA, Beachbody, USANA, and the like. In the event you share the purchased Program, including any and all related materials, with a business affiliate, or similar non- client professional, you will be in violation of these Terms and Conditions.
In the event you have a colleague or team member that is interested in utilizing the Program materials for their own business use, please contact Rachel’s Wellness regarding our Affiliate Program. This program will allow you to earn $25 for each detox program at Rachel’s Wellness and Wellness Business Solutions in a Box that is purchased by one of your referrals. Details are available upon request.
You may only use the information that is expressly provided to you by the Company through the Program that you purchase.
You are prohibited from copying, editing or using any information produced by the Company describing, promoting or marketing any of its Programs contained on any sales page, website page, e-mail, video, or any other correspondence belonging to the Company, including any posted on yourhealthcoachbiz.com and rachelswellness.com and rachelafeldman.com
You are prohibited from using, copying, modifying or otherwise misappropriating any photos, collages, banners, text, descriptions and/or any other information owned and developed by the Company and available to you through any sales page, website page, e-mail, video, or any other correspondence you may receive, or otherwise.
If you are in doubt about what you can and cannot use, please contact team@rachelafeldman.com
The trademarks and logos, which are displayed on the Program materials, are trademarks belonging to us. If you purchase a program, then you may change the logos or program materials, however any use of Rachel’s Wellness personal website trademarks and names of programs including framing, meta-tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written permission.
For any and all trademarks and logos that you are granted permission to use within a program, the trademark insignia must be included at all times. Any preview call titles, program titles, program material titles, or any other title or information of ours bearing the trademark (™) symbol may not be used by you for any reason without our express written permission.
Information You Are Prohibited from Sharing with Others. You are forbidden from doing the following:
(1) You may not duplicate, share, or sell any information obtained in or through our Program with other health coaches or holistic practitioners for their personal, commercial or business use, whether or not it was known to you at the time that their intention was to use the Program in their own health coaching business who have not bought the program and are not listed as purchasers of the program.
Unless otherwise explicitly authorized in these Terms and Conditions, you may not, for commercial use or in a way that earns money, modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material purchased through this Program, private Facebook group page, audio or video recording, or teleseminar call to any other health coach or holistic practitioner. Any health coach or holistic practitioner who intends to use the Program for their own commercial use in their business is required to become an affiliate of Rachel’s Wellness. If you obtain or receive knowledge that another health coach intends or uses the Program information for commercial use or in their business, you agree to report them to Rachel’s Wellness immediately. Failing to report them is a violation of the limited license you have been granted herein.
You need to contact Rachel’s Wellness before you create a affiliate program for your program, otherwise you are in violation of the terms and conditions and will be notified by a lawyer immediately.
(2) You may not use any Done For You Program materials in any way, including but not limited to, publishing a book through a publishing company or self publishing, and/or online through kindle, amazon.com, nook, etc., regardless of whether you add your own unique material to it.
You are allowed to use the Done For You Programs and create eBooks online for your business needs but in no way can you publish these materials in the manners set forth above.
Downloading, printing, or otherwise using the material from this Program does not give you any copyright or ownership rights of that material contained in the Program.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Program, website, private Facebook group page or anywhere else on social media, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older.
In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant includes the right to exploit any proprietary rights in such posting of submission, including, but not limited to, right under copyright, trademark, service mark or patent laws in any relevant jurisdiction. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Obtaining Permission To Use Our Intellectual Property
Any request for permission to use our content, images, or other information obtained from or through the Program, or any other intellectual property, should be made using the “Contact Us” form on the website of Rachel’s Wellness, or by sending an e-mail to team@rachelafeldman.com
Under no circumstance can you use the images of the Company, including but not limited to those at www.yourhealthcoachbiz.com or www.rachelafeldman.com, or copy the names of her personal programs. You can ONLY use the materials provided to you in your program.
Security
We cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss or, misuse, to you or to any third party
Disclaimer
As a Licensee, you agree that you are using your own judgment in using the information provided on and through this Program, which is done at your own risk. You also agree to our full Disclaimer.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND BY US AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM MATERIALS OR WITH REGARD TO THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless the Company, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, employees, and agents of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth in this Disclaimer, in the Terms and Conditions, or in the Privacy Policy.
We accept no liability for any of the views, facts, opinions, or references in the Program whatsoever. You assume responsibility for using, or not using, any of the information in this Program, and you acknowledge that you are using it, or not using it, at your own risk. Information posted on this Site related to this Program or otherwise, or linked to a third party website, expresses a perspective which may or may not necessarily reflect our views.
The content obtained on or through the Program is designed for non-medically trained individuals. The information provided to you is not diagnosing or treating a health problem or disease, or prescribing medication or other treatment. We are not a doctor, medical health practitioner, psychologist, therapist, licensed nutritionist or dietitian or other licensed or registered health professional and we make no claims in this regard. Nothing contained in the Program or on our website is intended to be a substitute for the medical diagnosis or treatment that can be provided by your physician or another qualified healthcare professional. You always should seek the advice of your physician or another qualified healthcare provider regarding any specific medical condition.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS OR THIRD-PARTY MATERIALS MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THESE PROGRAM MATERIALS, WHETHER PURCHASED DIRECTLY FROM US OR THROUGH YOU. IF YOU OR YOUR CLIENTS ARE DISSATISFIED WITH THE PROGRAM OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM AND THE WEBSITE.
INFORMATION PROVIDED THROUGH THE PROGRAM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE FUTURE INCOME, EXPENSES, SALES VOLUME OR POTENTIAL PROFITABILITY THAT MAY BE DERIVED AS A RESULT OF YOUR PARTICIPATION IN THIS PROGRAM. You acknowledge and agree that no representation has been made by the Company or our affiliates, and relied upon, as to the future income, expenses, sales volume or potential profitability that may be derived from participation in our programs or services.
To the fullest extent permitted by law, we expressly exclude:
- All conditions, warranties and other terms, which might otherwise be implied by statute or common law;
- Any obligation of effectiveness or accuracy; and
- Other than as set out below, any liability for any direct, indirect or consequential loss or damage incurred by you in connection with this Program, including by your use or inability to use any information obtained on or through the Program, any websites linked to the Program, and any material posted on the Site, private Facebook group page, or in any other way through the Program by us or by others, including without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however caused, even if foreseeable.
Your Conduct
You must not use our Site or private Facebook group page in any way that causes or is likely to cause the Site or private Facebook group page or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us.
You must use the Program, Site, and private Facebook group page for lawful purposes only.
You must not use the Program, Site, and private Facebook group page for any of the following:
- For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam
- To cause annoyance, inconvenience or needless anxiety
- To impersonate any third party or otherwise mislead as to the origin of your content
- To reproduce, duplicate, copy or resell any of our content in contravention with these Terms and Conditions or any other agreement with us.
Termination
We reserve the right in our sole discretion to refuse or terminate your access to the website or any part of the website at any time without notice. In the event of cancellation or termination,
you are no longer authorized to access the part of the website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the website, and the disclaimers and limitations of liabilities set forth in the Disclosure, the Terms and Conditions, and the Privacy Policy shall survive.
If you have any questions, please contact us at team@rachelafeldman.com